R v Bistoquet (46 of 2004) (46 of 2004) [2007] SCSC 2 (11 March 2007)

R v Bistoquet (46 of 2004) (46 of 2004) [2007] SCSC 2 (11 March 2007)

The prosecution proved beyond reasonable doubt that the defendant committed sexual assault by having sexual intercourse with the complainant, who was under fifteen, as established by the complainant's credible testimony and the defendant's voluntary confession.

Source-derived case information.

Citation
[2007] SCSC 2
Parties
Prosecution: Republic; Defendant: Ian Bistoquet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 March 2007
Case Number
46 of 2004
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
conviction
Legal Topics
Sexual Assault, Statutory Rape, Consent, Evidence, Admissibility of Confession
Source Language
english
Criminal Law Sexual Assault Statutory Rape Consent Evidence Admissibility of Confession

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Prosecution

Ian Bistoquet

Defendant

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant committed sexual assault against a girl under the age of fifteen years
  2. 2 Whether the prosecution proved the offence beyond reasonable doubt
  3. 3 Whether the confession was admissible

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the defendant committed sexual assault by having sexual intercourse with the complainant, who was under fifteen, as established by the complainant's credible testimony and the defendant's voluntary confession.

Court Disposition

conviction

Orders

  • The defendant is found guilty of sexual assault contrary to section 130(1) as read with section 130(2)(b) of the Penal Code and is convicted accordingly.